Preview
FILED: DUTCHESS COUNTY CLERK 03/22/2019 11:39 AM INDEX NO. 2017-50017
NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 03/22/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
---------- ------.--------______-..----------------..--X
BOARD OF MANAGERS OF VAN WYCK GLEN
CONDOMINIUM, THE BOARD OF MANAGERS OF
VAN WYCK MEADOWS CONDOMINIUM, a
Condominium created pursuant to Article 9-B of the NOTICE FOR DISCOVERY
Real Property Law, on behalf of its unit owners, AND INSPECTION .
INDEX NO.: 2017-50017
Plaintiffs,
-against-
VAN WYCK AT MERRITT PARK HOMEOWNERS
ASSOCIATION, INC., ANTHONY COSTA and
DICK HACK,
Defendants.
--____-___-----.._________-------------------------____----------X
VAN WYCK AT MERRITT PARK HOMEOWNERS
ASSOCIATION, 1NC.
Third Party Plaintiff,
-against-
THE BOARD OF MANAGERS OF VAN WYCK
MEADOWS CONDOMINIMUM II,
Third Party Defendant.
PLEASE TAKE NOTICE, that pursuant to the applicable rules of the CPLR, the
Defendant/Third Party Plaintiff, VAN WYCK AT MERRITT PARK HOMEOWNERS
ASSOCIATION, INC. ("HOA"), by and through its attorneys, KALTER, KAPLAN, ZEIGER &
FORMAN, hereby demands that all the parties produce and permit discovery and inspection and
photocopying, at the office of, 6166 State Route 42, PO BoX 30,Woodbourne, New York, 12788, on
April 3, 2019, at 10:00 a.m., the following documents:
DEFINITIONS AND INSTRUCTIONS
The following definitions and instructions apply to each document requests set forth below and
are deemed to be incorporated therein:
"all" "each"
1. The tenns and shall be construed as all and each.
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"and" "or"
2. The corgiectives and shall be construed conjunctively or disjunctively as
necessary to bring within the scope of the requests all responses that might otherwise be construed as
outside of its scope.
3. The use of the singular form of any word includes the plural and vice and versa.
"communication"
4. The term shall mean the transmittal of information (in the form or facts
ideas, inquires, or otherwise) whether written, oral, telephonic or by other means.
"concerning"
5. The term shall mean relating to, referring to, describing, evidencing reflecting
or constituting.
"Condominium"
6. The term shall mean and include all of the individual homes as well as
common areas of land shown on the site of plans devoted to the common use and enjoyment of the
owners of the condominiums, including recreational facilities, roadways and subsequent land or
roadways that may become part of the common areas.
owner"
6. The term "home shall be mean the record or title owner of a condominium unit.
"ledger"
7. The term shall mean that book, document, or computer file for recording and
totaling ecenemic transactions measured in terms of a monetary units that is used to record
debits/charges and credits in and for common charges, assessments, special assessments, late fees, and
fines for each condominium unit owned by each homeowner.
"document"
8. The term shall mean, without limiting the generality of its meaning, all original
copies (whether different from originals by reason of notations made on such copies or otherwise), of
all written, recorded or graphic mater, however produced or reproduced, whether or not now in
existence, including but not limited to records, correspendence, intra-or inter-office memoranda,
telegrams, telex or copy messages, emails, telephone logs, notes, tapes, recordings, sMdies, reports,
results of investigations or tests, computer data and computer print-
summaries, photographs, receipts,
outs, cou1puter discs, tapes, or any other computer media, desk calendars, appointment books,
notebooks, diaries and every draft version of the foregoing, however denominated.
"person"
9. The term shall mean any natural person and business, legal or governmental entity
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or association.
"you" "your"
10. The term or shall mean the responding parties to this proceedings, including
parent entities, subsidiaries, affiliated, officers, directors, employees, and purported agents or
representative.
11. Documents produced pursuant to these requests shall be organimd or labeled
segregated,
so as to identify the individual requests to which they are responsive.
12. The term Board of Managers of Van Wyck Meadows Condominium, as well as a party's
full or abbreviated name or a pronoun referring to a party means the party and, its officers, directors,
ernployees, partners, corporate parent, subsidiaries, affiliates, and agents.
13. The parties shall supply all documents responsive to this notice for discovery and
inspection, whether such documents are in their direct or indirect possession, custody or control. This
includes documents known or available to defendants through their respective employees, agents,
attorneys, investigators, adjusters, or other representatives or persons authorized to act on their behalf.
This includes documents in said person's or entity's custody, possession or control, or available to it
plaintiffs'
upon reasonable inquiry, request or dercañd. If cannot produce the following requested
documents fully after exercising due diligence to secure the documents, they shall be produced as
plaintiffs'
completely as possible by providing the documents within Imowledge or control and stating
their to produce the remaindar of the requested documents the reasons
inability by specifying whey
they are impeded in responding and whatever knowledge, information or belief is possessed with
respect to each document.
14. No part of a request shall be left unresponded to merely because an objection is interposed
to another part of the request.
15. Wherein an objection is made to any requests or subpart thereof, the objection shall state
with specificity all grounds.
16. When a claim of privilege is asserted and a response is not provided on the basis of such
assertion, the attorney the privilege shall state with specificity the objection to the
(i) asserting
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requested subpart thereof, identify the nature of the privilege (including work product) which is being
claimed; and (ii) the following information shall be provided in the objeoGon, unless divulgence of
such information will cause disclosure of the allegedly privileged information; (1) the type of
document; (2) general subject matter of the document; (3) the date of the document: (4) such other
information as is sufficient to identify the document for a subpoena duces tecum, including where
appropriate, the author of the documents, the addressee of the document, and, the relationship of the
author and the addressac to each other, the description, location, custodian and indexing systems of
each file containing an item or document requested in sufficient detail to enable a search of such files
by plaintiff and state whether the documents requested have been provided by you to the authorities in
response to criminal, civil or administrative proceedings, litigation, or investigation to any other party
in this litigation.
PLEASE TAKE FURTHER NOTICE, that the within demand is a continuing demand
throughout the course of this action and plaintiff is required to supplement a response thereto as other
and additional information and documents become available.
DOCUMENTS REQUESTED
1. Complete copies of the By-Laws maintained by the Boards of Managers of Van Wyck
Meadows Condominium, including any and all modifications, amendments, riders, evhibits,
attachments and additions to same.
2. Any and all Board Meeting Minutes, including recordings thereof, of board meetings of
the HOA and of the Boards of Managers of Van Wyck Meadows Condominium, , for the past five (5)
years to the present referencing mediation with Toll Brothers.
3. Complete copies of all Property Mãñagement Contracts maintained by Boards of
Managers of Van Wyck Meadows Condominium for the past five (5) years to the present.
4. Names and addresses for all Board Members of Boards of Managers of Van Wyck
Meadows Condominium for the past five (5) years up to the present, including the positions they have
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held.
5. Any and all meeting minutes, notes, diaries and/or logs of meetings individually or
between the HOA, and Boards of Managers of Van Wyck Meadows Condominium, Van Wyck
Meadows Condominium II, and Van Wyck Glen Condominium, and its Property Managers for the
past (5) five years.
6. All bank statements for all accounts maintained by the Boards of Managers of Van
Wyck Meadows Condominium for the past five (5) years up to the present.
7. Any and all Contracts and/or Agreements between the Boards of Managers of Van
Wyck Meadows Condominium and the HOA for the past five (5) years up to the present.
8. Copies of all bills, invoices, cost estimates, receipts, purchase orders or any other
documentation evidencing the cost of maintêñance and repair work which the Boards of Managers of
Van Wyck Meadows Condominium claims it incurred due to failure of the HOA to provide same for
the past five (5) years up to the present.
9. Copies of all documents, including maintenance logs and requests for repairs and
maintenance, from homeowners or the Boards of Managers of Van Wyck Meadows Condominium to
the HOA, for the past five (5) years up to the present.
10. Copies of all documents from homeowners or the Boards of Managers of Van Wyck
Meadows Condominium claiming that the HOA failed to provide proper services for the past five (5)
years up to the present.
11. Copies of all documents in the possession of Boards of Managers of Van Wyck
Meadows Condominium claiming that the Defendants have taken control of moñies derived from
rentals of Condominium units to the exclusion of the Board of Managers, including rental agreements,
leases, and receipts thereon.
12. Copies of all community newsletters for the past five (5) years up to the present.
13. all minutes, notes, diaries and/or logs of Boards of Managers of Van Wyck
Any meeting
Meadows Coñdamiñium, and its agent, McGrath Management Services, for the past five (5) years to
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present.
14. A list of all homeowners within Van Wyck Meadows Condominium, including their
name(s), address, telephone numbers, together a copy of the ledger of common charges and assessment
maintained for each of said homeowners for the past five (5) years to present showing charges and
payments made thereon.
15. Any all documents showing a transfer of funds from Boards of Managers of Van Wyck
Meadows Condominium to the HOA within the last five (5) years.
16. A list of the identity of each unit leased within Van Wyck Meadows Condominitun from
which rental income is alleged to have been dervived.
17. A copy of the lease of each unit leased within Van Wyck Meadows Condominium from
which rental income is alleged to have been derived.
18. Proof of payment of rent received by the either of the parties of the rental income is
alleged in the compliant, together with proof of the deposit of such payments into the account of either
party within the last five (5) years.
19. Copies of all invoices to the homeowners in Van Wyck Meadows Condominium in and
for common charges and assessments within the last five (5) years.
20. Copies of all checks, receipts, and proof of payment received by Van Wyck Meadows
Condominium from its unit owners within the last five (5) years.
PLEASE TAKE FURTHER NOTICE that upon your failure to produce the aforesaid
documents and information at the time and place required in this Notice, a motion will be made for
appropriate relief to the Court.
PLEASE TAKE FURTHER NOTICE, that in lieu of producing the items demanded
herein, the answering party(s) may submit to the undersigned true and conformed copies of the items
demanded herein at any time prior to the aforementioned date.
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PLEASE TAKE FURTHER NOTICE, that the foregoing demand is a continuous
demand. In the event any of the items are obtained after service of this demand they are to be
furnished or made available for inspection pursuant to this demand.
DATED: Woodbourne, New York
March 20, 2019
Yours e .,
Te . orman
Kalter, Kaplan, Forman
Attorneys for Defendant/Third Party Plaintiff
Van Wyck At Merritt Park Homeowners Association
6166 State Route 42
P.O. Box 30
Woodbourne, NY 12788
845-434-4777
TO:
Handel & Carlini, LLP
Attorneys for Plaintiffs
62A East Main Street
Wappingers Falls, NY 12590
845-454-2221
Obermayer Rebmann Maxwell & Hippell LLP
Attorneys for Plaintiff on the Counter-Claim
VAN WYCK GLEN CONDOMINIUM
360 Lexington Avenue -13th Floor
New York, NY 10017
212-922-9182
Milber, Makris, Plousadis & Seiden, LLP
Attorneys for Plaintiff on the Counter-Claim
VAN WYCK MEADOWS CONDOMINIUM I
709 Westchester Avenue, Suite 300
White Plains, New York 10604
914-681-8700
Miranda Sambursky Stone Sklarin Verveniotis LLP
Attorneys for Third Party Defendant
VAN WYCK MEADOWS CONDOMINIUM II
570 Taxter Road
Suite 561
Elmsford, NY 10523
914-345-6510
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George R. Dieter, Esq.
Law Office of Lori D. Fishman
Attorneys for Defendants
Van Wyck At Merritt Park Homeowners Association,
Anthony Costa and Dick Hack
120 White Plains Road, Suite 220
Tarrytown, NY 10591
914-524-5600
Legal File No. 1172200617
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
----- ----------------------------------X
BOARD OF MANAGERS OF VAN WYCK GLEN
CONDOMINIUM, THE BOARD OF MANAGERS OF
VAN WYCK MEADOWS CONDOMINIUM, a INDEXNO.: 2017-50017
Condominium created pursuant to Article 9-B of the
Real Property Law, on behalf of its unit owners,
Plaintiffs,
-against-
VAN WYCK AT MERRITT PARK HOMEOWNERS
ASSOCIATION, 1NC., ANTHONY COSTA and
DICK HACK,
Defendants.
----------------------------------------------X
VAN WYCK AT MERRITT PARK HOMEOWNERS
ASSOCIATION, INC.
Third Party Plaintiff,
-against-
THE BOARD OF MANAGERS OF VAN WYCK
MEADOWS CONDOMINIMUM II,
Third Party Defendant.
--------- ------------------ ----------X
NOTICE FOR DISCOVERY & INSPECTION
LAW OFFICE OF LORI D. FISHMAN
Attorney for Defendants
VAN WYCK AT MERRITT PARK HOMEOWNERS ASSOCIATION,
ANTHONY COSTA and DICK HACK
120 White Plains Road, Suite 220
Tarrytown, NY 10591
914-524-5600
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Preview
FILED: DUTCHESS COUNTY CLERK 03/22/2019 11:39 AM INDEX NO. 2017-50017 NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 03/22/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS ---------- ------.--------______-..----------------..--X BOARD OF MANAGERS OF VAN WYCK GLEN CONDOMINIUM, THE BOARD OF MANAGERS OF VAN WYCK MEADOWS CONDOMINIUM, a Condominium created pursuant to Article 9-B of the NOTICE FOR DISCOVERY Real Property Law, on behalf of its unit owners, AND INSPECTION . INDEX NO.: 2017-50017 Plaintiffs, -against- VAN WYCK AT MERRITT PARK HOMEOWNERS ASSOCIATION, INC., ANTHONY COSTA and DICK HACK, Defendants. --____-___-----.._________-------------------------____----------X VAN WYCK AT MERRITT PARK HOMEOWNERS ASSOCIATION, 1NC. Third Party Plaintiff, -against- THE BOARD OF MANAGERS OF VAN WYCK MEADOWS CONDOMINIMUM II, Third Party Defendant. PLEASE TAKE NOTICE, that pursuant to the applicable rules of the CPLR, the Defendant/Third Party Plaintiff, VAN WYCK AT MERRITT PARK HOMEOWNERS ASSOCIATION, INC. ("HOA"), by and through its attorneys, KALTER, KAPLAN, ZEIGER & FORMAN, hereby demands that all the parties produce and permit discovery and inspection and photocopying, at the office of, 6166 State Route 42, PO BoX 30,Woodbourne, New York, 12788, on April 3, 2019, at 10:00 a.m., the following documents: DEFINITIONS AND INSTRUCTIONS The following definitions and instructions apply to each document requests set forth below and are deemed to be incorporated therein: "all" "each" 1. The tenns and shall be construed as all and each. 1 of 9 FILED: DUTCHESS COUNTY CLERK 03/22/2019 11:39 AM INDEX NO. 2017-50017 NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 03/22/2019 "and" "or" 2. The corgiectives and shall be construed conjunctively or disjunctively as necessary to bring within the scope of the requests all responses that might otherwise be construed as outside of its scope. 3. The use of the singular form of any word includes the plural and vice and versa. "communication" 4. The term shall mean the transmittal of information (in the form or facts ideas, inquires, or otherwise) whether written, oral, telephonic or by other means. "concerning" 5. The term shall mean relating to, referring to, describing, evidencing reflecting or constituting. "Condominium" 6. The term shall mean and include all of the individual homes as well as common areas of land shown on the site of plans devoted to the common use and enjoyment of the owners of the condominiums, including recreational facilities, roadways and subsequent land or roadways that may become part of the common areas. owner" 6. The term "home shall be mean the record or title owner of a condominium unit. "ledger" 7. The term shall mean that book, document, or computer file for recording and totaling ecenemic transactions measured in terms of a monetary units that is used to record debits/charges and credits in and for common charges, assessments, special assessments, late fees, and fines for each condominium unit owned by each homeowner. "document" 8. The term shall mean, without limiting the generality of its meaning, all original copies (whether different from originals by reason of notations made on such copies or otherwise), of all written, recorded or graphic mater, however produced or reproduced, whether or not now in existence, including but not limited to records, correspendence, intra-or inter-office memoranda, telegrams, telex or copy messages, emails, telephone logs, notes, tapes, recordings, sMdies, reports, results of investigations or tests, computer data and computer print- summaries, photographs, receipts, outs, cou1puter discs, tapes, or any other computer media, desk calendars, appointment books, notebooks, diaries and every draft version of the foregoing, however denominated. "person" 9. The term shall mean any natural person and business, legal or governmental entity 2 of 9 FILED: DUTCHESS COUNTY CLERK 03/22/2019 11:39 AM INDEX NO. 2017-50017 NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 03/22/2019 or association. "you" "your" 10. The term or shall mean the responding parties to this proceedings, including parent entities, subsidiaries, affiliated, officers, directors, employees, and purported agents or representative. 11. Documents produced pursuant to these requests shall be organimd or labeled segregated, so as to identify the individual requests to which they are responsive. 12. The term Board of Managers of Van Wyck Meadows Condominium, as well as a party's full or abbreviated name or a pronoun referring to a party means the party and, its officers, directors, ernployees, partners, corporate parent, subsidiaries, affiliates, and agents. 13. The parties shall supply all documents responsive to this notice for discovery and inspection, whether such documents are in their direct or indirect possession, custody or control. This includes documents known or available to defendants through their respective employees, agents, attorneys, investigators, adjusters, or other representatives or persons authorized to act on their behalf. This includes documents in said person's or entity's custody, possession or control, or available to it plaintiffs' upon reasonable inquiry, request or dercañd. If cannot produce the following requested documents fully after exercising due diligence to secure the documents, they shall be produced as plaintiffs' completely as possible by providing the documents within Imowledge or control and stating their to produce the remaindar of the requested documents the reasons inability by specifying whey they are impeded in responding and whatever knowledge, information or belief is possessed with respect to each document. 14. No part of a request shall be left unresponded to merely because an objection is interposed to another part of the request. 15. Wherein an objection is made to any requests or subpart thereof, the objection shall state with specificity all grounds. 16. When a claim of privilege is asserted and a response is not provided on the basis of such assertion, the attorney the privilege shall state with specificity the objection to the (i) asserting 3 of 9 FILED: DUTCHESS COUNTY CLERK 03/22/2019 11:39 AM INDEX NO. 2017-50017 NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 03/22/2019 requested subpart thereof, identify the nature of the privilege (including work product) which is being claimed; and (ii) the following information shall be provided in the objeoGon, unless divulgence of such information will cause disclosure of the allegedly privileged information; (1) the type of document; (2) general subject matter of the document; (3) the date of the document: (4) such other information as is sufficient to identify the document for a subpoena duces tecum, including where appropriate, the author of the documents, the addressee of the document, and, the relationship of the author and the addressac to each other, the description, location, custodian and indexing systems of each file containing an item or document requested in sufficient detail to enable a search of such files by plaintiff and state whether the documents requested have been provided by you to the authorities in response to criminal, civil or administrative proceedings, litigation, or investigation to any other party in this litigation. PLEASE TAKE FURTHER NOTICE, that the within demand is a continuing demand throughout the course of this action and plaintiff is required to supplement a response thereto as other and additional information and documents become available. DOCUMENTS REQUESTED 1. Complete copies of the By-Laws maintained by the Boards of Managers of Van Wyck Meadows Condominium, including any and all modifications, amendments, riders, evhibits, attachments and additions to same. 2. Any and all Board Meeting Minutes, including recordings thereof, of board meetings of the HOA and of the Boards of Managers of Van Wyck Meadows Condominium, , for the past five (5) years to the present referencing mediation with Toll Brothers. 3. Complete copies of all Property Mãñagement Contracts maintained by Boards of Managers of Van Wyck Meadows Condominium for the past five (5) years to the present. 4. Names and addresses for all Board Members of Boards of Managers of Van Wyck Meadows Condominium for the past five (5) years up to the present, including the positions they have 4 of 9 FILED: DUTCHESS COUNTY CLERK 03/22/2019 11:39 AM INDEX NO. 2017-50017 NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 03/22/2019 held. 5. Any and all meeting minutes, notes, diaries and/or logs of meetings individually or between the HOA, and Boards of Managers of Van Wyck Meadows Condominium, Van Wyck Meadows Condominium II, and Van Wyck Glen Condominium, and its Property Managers for the past (5) five years. 6. All bank statements for all accounts maintained by the Boards of Managers of Van Wyck Meadows Condominium for the past five (5) years up to the present. 7. Any and all Contracts and/or Agreements between the Boards of Managers of Van Wyck Meadows Condominium and the HOA for the past five (5) years up to the present. 8. Copies of all bills, invoices, cost estimates, receipts, purchase orders or any other documentation evidencing the cost of maintêñance and repair work which the Boards of Managers of Van Wyck Meadows Condominium claims it incurred due to failure of the HOA to provide same for the past five (5) years up to the present. 9. Copies of all documents, including maintenance logs and requests for repairs and maintenance, from homeowners or the Boards of Managers of Van Wyck Meadows Condominium to the HOA, for the past five (5) years up to the present. 10. Copies of all documents from homeowners or the Boards of Managers of Van Wyck Meadows Condominium claiming that the HOA failed to provide proper services for the past five (5) years up to the present. 11. Copies of all documents in the possession of Boards of Managers of Van Wyck Meadows Condominium claiming that the Defendants have taken control of moñies derived from rentals of Condominium units to the exclusion of the Board of Managers, including rental agreements, leases, and receipts thereon. 12. Copies of all community newsletters for the past five (5) years up to the present. 13. all minutes, notes, diaries and/or logs of Boards of Managers of Van Wyck Any meeting Meadows Coñdamiñium, and its agent, McGrath Management Services, for the past five (5) years to 5 of 9 FILED: DUTCHESS COUNTY CLERK 03/22/2019 11:39 AM INDEX NO. 2017-50017 NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 03/22/2019 present. 14. A list of all homeowners within Van Wyck Meadows Condominium, including their name(s), address, telephone numbers, together a copy of the ledger of common charges and assessment maintained for each of said homeowners for the past five (5) years to present showing charges and payments made thereon. 15. Any all documents showing a transfer of funds from Boards of Managers of Van Wyck Meadows Condominium to the HOA within the last five (5) years. 16. A list of the identity of each unit leased within Van Wyck Meadows Condominitun from which rental income is alleged to have been dervived. 17. A copy of the lease of each unit leased within Van Wyck Meadows Condominium from which rental income is alleged to have been derived. 18. Proof of payment of rent received by the either of the parties of the rental income is alleged in the compliant, together with proof of the deposit of such payments into the account of either party within the last five (5) years. 19. Copies of all invoices to the homeowners in Van Wyck Meadows Condominium in and for common charges and assessments within the last five (5) years. 20. Copies of all checks, receipts, and proof of payment received by Van Wyck Meadows Condominium from its unit owners within the last five (5) years. PLEASE TAKE FURTHER NOTICE that upon your failure to produce the aforesaid documents and information at the time and place required in this Notice, a motion will be made for appropriate relief to the Court. PLEASE TAKE FURTHER NOTICE, that in lieu of producing the items demanded herein, the answering party(s) may submit to the undersigned true and conformed copies of the items demanded herein at any time prior to the aforementioned date. 6 of 9 FILED: DUTCHESS COUNTY CLERK 03/22/2019 11:39 AM INDEX NO. 2017-50017 NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 03/22/2019 PLEASE TAKE FURTHER NOTICE, that the foregoing demand is a continuous demand. In the event any of the items are obtained after service of this demand they are to be furnished or made available for inspection pursuant to this demand. DATED: Woodbourne, New York March 20, 2019 Yours e ., Te . orman Kalter, Kaplan, Forman Attorneys for Defendant/Third Party Plaintiff Van Wyck At Merritt Park Homeowners Association 6166 State Route 42 P.O. Box 30 Woodbourne, NY 12788 845-434-4777 TO: Handel & Carlini, LLP Attorneys for Plaintiffs 62A East Main Street Wappingers Falls, NY 12590 845-454-2221 Obermayer Rebmann Maxwell & Hippell LLP Attorneys for Plaintiff on the Counter-Claim VAN WYCK GLEN CONDOMINIUM 360 Lexington Avenue -13th Floor New York, NY 10017 212-922-9182 Milber, Makris, Plousadis & Seiden, LLP Attorneys for Plaintiff on the Counter-Claim VAN WYCK MEADOWS CONDOMINIUM I 709 Westchester Avenue, Suite 300 White Plains, New York 10604 914-681-8700 Miranda Sambursky Stone Sklarin Verveniotis LLP Attorneys for Third Party Defendant VAN WYCK MEADOWS CONDOMINIUM II 570 Taxter Road Suite 561 Elmsford, NY 10523 914-345-6510 7 of 9 FILED: DUTCHESS COUNTY CLERK 03/22/2019 11:39 AM INDEX NO. 2017-50017 NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 03/22/2019 George R. Dieter, Esq. Law Office of Lori D. Fishman Attorneys for Defendants Van Wyck At Merritt Park Homeowners Association, Anthony Costa and Dick Hack 120 White Plains Road, Suite 220 Tarrytown, NY 10591 914-524-5600 Legal File No. 1172200617 8 of 9 FILED: DUTCHESS COUNTY CLERK 03/22/2019 11:39 AM INDEX NO. 2017-50017 NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 03/22/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS ----- ----------------------------------X BOARD OF MANAGERS OF VAN WYCK GLEN CONDOMINIUM, THE BOARD OF MANAGERS OF VAN WYCK MEADOWS CONDOMINIUM, a INDEXNO.: 2017-50017 Condominium created pursuant to Article 9-B of the Real Property Law, on behalf of its unit owners, Plaintiffs, -against- VAN WYCK AT MERRITT PARK HOMEOWNERS ASSOCIATION, 1NC., ANTHONY COSTA and DICK HACK, Defendants. ----------------------------------------------X VAN WYCK AT MERRITT PARK HOMEOWNERS ASSOCIATION, INC. Third Party Plaintiff, -against- THE BOARD OF MANAGERS OF VAN WYCK MEADOWS CONDOMINIMUM II, Third Party Defendant. --------- ------------------ ----------X NOTICE FOR DISCOVERY & INSPECTION LAW OFFICE OF LORI D. FISHMAN Attorney for Defendants VAN WYCK AT MERRITT PARK HOMEOWNERS ASSOCIATION, ANTHONY COSTA and DICK HACK 120 White Plains Road, Suite 220 Tarrytown, NY 10591 914-524-5600 9 of 9